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Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ...... Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Ex-parte-Respondent Nos. 2-9. Civil Appeal No. 38 of 1998 (From the judgment and order dated 3rd September, 1997 passed by the High Court Division in Writ Petition No. 914 of 1994......Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ......m.- This appeal by leave arises out of the judgment and order dated 3.9.1997 passed by of the High Court Division in Writ Petition No. 914 of 1994 making the Rule absolute. 2. The writ petitioner respondent No.1 filed the above writ petition impugning the Memo dated 24.11.92. where by his ..Category: Employment/Service Law | Date: | Hits: 82
Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ......Criminal Appeal Nos. 3-5 of 1996). Not represented- the Respondents (In Criminal Appeal Nos. 17 of 1996). Criminal Appeal Nos. 03-05 & 17 of 1996. (From the judgment & order dated 13.08.1995 and 12.02.1996 passed by the High Court Division in Criminal Revision Nos.8......inal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ......on No.17 of 1987. Petition for leave to appeal No. 233 of 1995 against the judgment and order passed in Criminal Revision No.104 of 1992 was dismissed. 2. Short facts are that the above mentioned criminal revisions were preferred under section 561A of the Code of Criminal procedure for qu..Category: Criminal Law | Date: | Hits: 40
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ...... by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No. 1. B. Hossain, Advocate-on-Record-For Respondent No. 2. Criminal Appeal No. 12 of 2003 (From the judgment & order dated 25.06.2002 passed by the High Court Division in Criminal Miscellaneous case No. 5518 o...... find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......o each other the complainant gave a loan of Tk. 60,000,00/- to the accused who assured to reimburse the amount in no time and later issued two cheques in favour of the complainant dated 27.08.2000 one for Tk. 45,000,00/- and another for Tk.15,000,00/- and that the complainant presented the chequ..Category: Business or Commercial Law | Date: | Hits: 138
Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)
.... reducing the sentence to the period already under gone. The appellant be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ......992). Judgment Md. Ruhul Amin J.- This appeal, by leave, has been directed against the judgment and order dated February 23, 1997 of a Division Bench of the High Court Division in Criminal Jail Appea...... at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ...... and sentencing them separately there under to suffer imprisonment for life. The Special Tribunal by the same order directed that the sentences shall run concurrently. 2. It may be mentioned in the facts and circumstances of the prosecution case tried in the special Tribunal, the..Category: Criminal Law | Date: | Hits: 41
Md. Fazar Ali Vs. State, 2003, 32 CLC (AD)
.... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ......r the Appellant. Farroq Ahmed, Deputy Attorney General, instructed by Sufia Khatun, Advocate-on-Record-For the respondent. Criminal Appeal No. 8 of 2000 (From the Judgment and order dated July 15, 1999 passed by the High Court Division Criminal Appeal No. 2256 of 1995). ...... find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ...... Present: Md. Ruhul Amin J Syed J. R Mudassir Husain J Md. Fazar Ali............................Appellant Vs. The State, represented by the Deputy Commissioner, Natore.....Respondent Judgment November 19, 2003. Lawyers Involved: ..Category: Criminal Law | Date: | Hits: 49
Dr. M.A. Mazed and others Vs. Bangladesh, represented by the Solicitor, 2003, 32 CLC (AD)
....al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ......on 417 (3) The 'special limitation' as has been provided in section 417 (3) of Cr. P. C is applicable in a case where a complainant intends to file an appeal before the High Court Division against order of acquittal passed in a case registered upon a petition of complaint. A case registered upon ......reinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ......f delay filed under section 5 of the Limitation Act is very much entertainable and if the court is satisfied with the explanation offered as to how delay occurred, then it is quite competent to condone the delay. Article 157 of the Limitation Act provides for 6 (six) months time for filing an appe..Category: Criminal Law | Date: | Hits: 109
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......r Advocate, instructed by S. R. Khoshnabish, Advocate-on-Record-For Respondents Nos. 1-9. Not represented-Respondent No. 10. Civil Appeal No.163 of 2000. (From the judgment and order dated 18.5.1999 passed by the High Court Division in F. A. No.74 of 1998). Judgment ......t aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ...... 256. ..Category: Property Law | Date: | Hits: 29
Saleha Begum and others Vs. Nisar Uddin and others, 2007, 36 CLC (AD)
.... are accordingly exempted from payment of the said cost. With the above observation this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 342. ......sp; Not represented- Respondent Nos. 2-4. Civil Petition for Leave to Appeal No.712 of 2005. (From the judgment and order dated 07.12.2004 passed by the High Court Division in Civil Revision No. 6491 of 2002.) ......rted in: 13 MLR (AD) (2008) 342. ......Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Saleha Begum and others..................... Petitioners Vs. Nisar Uddin and others................. Respondents Judgment ..Category: Property Law | Date: | Hits: 25
Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)
....; বিধিমালা ১৯৮৬" [The Local Government Engineering Bureau Employer and Employee Appointment Rules, 1986] and the same was published in the Bangladesh Gazette, Extraordinary on 30 April, 1987 and by the provision of Sectio......or Advocate, instructed by A/tab Hossain, Advocate-on-Record-For the Respondent No. 1. Not Represented- Respondent No. 2. Civil Appeal No. 24 of 1999. (From the judgment & order dated 12 November, 1998 passed by the High Court Division in Administrative Tribunal Appeal ......e No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ......neering Bureau who was dismissed from Service on 9tn May, 1991 on the ground of being absent without leave or reasonable excuse from the place where he was transferred it may be mentioned case before AT and AAT was disposed of solely on matters of law and at no stage allegations a..Category: Administrative Law | Date: | Hits: 95
Commissioner of Customs Vs. Sayeed Hossain and others, 2003, 32 CLC (AD)
....the judgment. In the afore stated of the matter we do not find any substance in the petitions. Accordingly the petitions are dismissed. Ed. This Case is also Reported in:1 ADC (2004) 223. ......ocate-on-Record-For the Petitioner (In both the Cases). Not represented-Respondent (In both the cases). Civil Petition for Leave to Appeal Nos. 519-520 of 2001. (From the judgment & order dated October 31, 2000 passed by the High Court Division in Writ Petition No. 1981 & 5690 ......n the petitions. Accordingly the petitions are dismissed. Ed. This Case is also Reported in:1 ADC (2004) 223. ......smissed. Ed. This Case is also Reported in:1 ADC (2004) 223. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
.... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ......ate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. N. I. Bhuiyan, Advocate-on-Record-For the respondent. Civil Appeal No.138 of 1998. (From the Judgment and order dated February 19,1998 passed by the High Court Division in Civil Revision No. 577 of 1991). ...... There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ......aintiff and he is possessing the land by erecting hut. It was also his case that the kabala executed and registered by Yakub Ali in favour of his son Ishaque was not acted upon. It may be mentioned while plaintiff filed the suit seeking declaration of title and recovery of khas possession Y..Category: Property Law | Date: | Hits: 46
Aminul Islam Chowdhury and others Vs. Abdul Hamid and others, 2003, 32 CLC (AD)
.... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law. Ed. This Case is also Reported in: 1 ADC (2004) 217. ...............Appellants Vs. Abdul Hamid and others.............................Respondents Judgment October 27, 2003. Result: The appeal is allowed without any order as to costs. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed ...... 1 ADC (2004) 217. ......e trial Court upon framing 6 (six) issues decided the issues upon due consideration of materials of record placed by both the parties and thereafter decreed the Suit in favor of the plaintiff petitioner. But on perusal of the judgment of the lower appellate Court find that the pearled appellate ..Category: Procedural Law | Date: | Hits: 76
Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)
....uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ......urt) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1-7. Not represented-Respondent Nos. 8-16. Civil Appeal No.128 of 1997. (Form the judgment and order dated 18.08.1997 passed by the High Court Division Civil Revision No. 1866 of 1997). J...... accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ......e that the said wakf estate was established since time immemorial and was being managed well by the then Managing Committee till 1980. Thereafter a new Managing committee was formed with the petitioner appellant as the member secretary of the committee. The wakf administrator allowed vide order ..Category: Trust/Waqf Law | Date: | Hits: 200
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
.... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ...... S. Haider, Senior Advocate instructed by Md. Ataul Huq, Advocate-on-Record-For Respondent No.1. Ex parte- Respondent No. 2. Civil Appeal No. 72 of 1997. (From the judgment and order dated 18 March, 1997 passed by the High Court Division in First Appeal No. 166 of 1995). ......as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ......997 allowed the appeal and dismissed the suit. 2. The short fact leading to this petition is that defendant-appellant wanted to sent his son to middle east for earning his livelihood and as money was required for the purpose defendant No.1 Sree Purna Chandra Das executed an unregistered ba..Category: Property Law | Date: | Hits: 32
Aminul Islam Vs. Mr. Tawhid Ahmed Siddique and others, 2004, 33 CLC (AD)
....al Nos.109, 115 and 118 respectively and the appellant was placed at serial No.128. After publication of the gradation list new Service Rule of the employees of the power Development Board was published in the Gazette on March 4, 1982 and the Rule 19 of the said Rules provides that seniorit......p; Md. Ruhul Amin J.- This appeal, by leave upon a petition for review, is directed against the judgment and order of July 13, 1999 passed in Civil Petition for leave to appeal No. 129 of 1999 (heard along w...... There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 306. ......rvice or such other reasons as are beyond his control, an officer has not been able to pass the Departmental Examination with in the prescribed period he may at the discretion of the Commissioners/Director-General of Services, be granted extension up to a maximum of one year. (2..Category: Employment/Service Law | Date: | Hits: 72
Narayan Chandra Sarker Vs. Abdur Rahman, 2001, 30 CLC (AD)
.... prayed for. In view of the aforesaid submission the appeal is, accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 197. ......the Appellant. Fazlul Karim, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondent. Civil Appeal No. 91 of 1998. (Form the judgment & order dated 25.3.98 passed by the High Court Division in C.R. No. 2092 of 1992) Judgment ......f without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 197. ......r hearing to day but the Respondent filed an application praying for returning the plaint of S.C.C Suit No. 2 of 1989 in the Court of Senior Assistant Judge, Sadar, Dinajpur on the ground mentioned in this application. At the time of hearing of this appeal it come out that the plaintiff has ..Category: Procedural Law | Date: | Hits: 95
Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)
....allowed without any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ...... by Aftab Hossain Advocate-on-Record-For Respondent No. 30 (added). Ex-parte-Respondent Nos. 3, 4, 9 11, 13,14, 16, 19. Civil Appeal No. 135 of 2001. (From the judgment & order dated 05.11.2000 passed by the High Court Division in Writ Petition No. 3036 of 2000). ...... to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ......pondent No. 6 Md. Shafiqur Rahman of the writ petition were elected as president and General Secretary respectively. Subsequently on 02.04.1999 Gazi Habibur Rahman resigned from his post and petitioner No. 1 Sultan Ahmed Talukder was co opted as president of the said Union. The Union failed to ..Category: Labour and Industrial Law | Date: | Hits: 100
Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
....ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ...... Judgment Md. Ruhul Amin J. - This appeal, by leave, is directed against the judgment and order dated March 12, 2000 of a Division Bench of the High Court Division in Writ Petition No.......ssed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......y the aforesaid judgment the High Court Division made the Rule absolute. 2. The writ petition was filed questioning legality of the order dated March 27, 1997 dismissing the petitioner from the service of Thakurgaon Palli Biddyut Samity, Jagannathpur, Thakurgaon. 3. Facts..Category: Employment/Service Law | Date: | Hits: 83
Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)
....made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 190. ......For the Appellant. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Respondents. Civil Appeal No.146 of 2002. (From the Judgment and order dated January 30.2001 passed by the High Court Division in Writ Petition No. 1468 of 2000) ......There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 190. ......kah Registrar to the appellant on temporary basis in respect of 3 wards of Gafargaon Municipality. The High Court Division made the Rule absolute upon holding "that the area of the petitioner has been curtailed without any allegation against him or any show cause notice was issued..Category: Civil Law | Date: | Hits: 95
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
....the Respondents on bail in the interest of justice, the trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ......rd-For the Appellant. Adbul Malek, Senior Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Respondents. Criminal Appeal Nos. 06 of 2000. (From the Judgment and order date 17.09.1998 passed by the High Court Divisk in Criminal Miscellaneous Case No.2608 of 199......trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ......company. Deceased Billal Hossain took shelter in the medical section, saturated in the 6th floor. Faruque Hassan along with others followed him there. He gave order to murder Billal Hossain. Petitioner Nos.1 to 8 (in the Criminal Misc. Case) and accused Shamsul Huq indiscriminately beat Billal H..Category: Criminal Law | Date: | Hits: 35
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